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MEMORANDUM OF UNDERSTANDING |
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Between the (Texas Agency) and the Texas Commission on Environmental Quality 1
WHEREAS, under 44 Code of Federal Regulations § 60.12 of Rules and
Regulations pertaining 2
to the National Flood Insurance Program, the State of 3
therefore must comply with minimum floodplain management standards
established for future 4
state developments within
identified 100-year floodplains in order to participate in the Program; 5
and 6
WHEREAS,
floodplain or 100-year floodplain, as these terms
are used in the Memorandum of 7
Understanding, means any land
area susceptible to being inundated by water from any source by 8
that flood which has a one
percent chance of being equaled or exceeded in any given year; and 9
WHEREAS,
a condition of receiving future federal disaster
relief loans and obtaining flood 10
insurance coverage for
insurable state-owned structures depends on the State's compliance with 11
the National Flood Insurance
Act of 1968, as amended; and 12
WHEREAS,
the State of 13
buildings, roads, and other
facilities and annually acquires and disposes of lands in flood hazard 14
areas
and all of these activities significantly influence patterns of commercial,
residential, and 15
industrial development; and 16
WHEREAS,
the (TEXAS AGENCY), here within called the (TA), is a State agency with direct 17
responsibility for the
planning, location, or construction of certain State buildings, roads, or
other 18
facilities which may be in the
floodplains of the State; and 19
WHEREAS,
the (TA) shall represent the State before the Federal Emergency Management 20
Agency, (FEMA), or other
federal agencies on matters relating to the (TA)'s structures and 21
activities in the floodplains
of the State; and 22
WHEREAS,
the (TA) shall establish a floodplain management plan for all its existing and
23
proposed structures and
activities in the floodplains of the State; and 24
WHEREAS,
for purposes of this MOU, the (TA) is responsible for its structures and
activities in 25
the floodplains of the State
as defined by the National Flood Insurance Program (NFIP) and 26
related Regulations (44 CFR
Chapter 1); and 27
WHEREAS,
the 28
known as the Commission, is
the State agency with primary responsibility for implementing the 29
constitution and laws of the
State related to floodplain management; and 30
WHEREAS,
the 31
the State Coordinating Agency
for the National Flood Insurance Program under the 32
Code, Section 16.311 et seq.;
and
33
WHEREAS,
under Section 16.318 of the 34
Environmental has statutory
authority to adopt and promulgate reasonable rules which are 35
necessary for the State's
participation in the National Flood Insurance Program; 36
WHEREAS,
consistent with the intent of Section 16.311 et seq. of the Texas Water Code,
the 37
(TA) and the Commission are
committed to the development and implementation of a 38
coordinated floodplain
management program for the State; and 39
WHEREAS,
consistent with 40
desire to protect and maintain
a high quality environment and the health of the people of the State; and 41
NOW,
THEREFORE, in consideration of the
following promises, covenants, conditions, and 42
the mutual benefits to accrue
to the parties of this MOU, the Parties, desiring to cooperate in 43
function and service agree as
follows: 44
45
A.
Provide leadership in developing a broad and unified effort to encourage
sound 46
and economical utilization of
the State's floodplains and, in particular, to lessen 47
the risk of flood losses. 48
B.
Administer, for the State, the partnership with FEMA in the planning and 49
carrying out of state participation in the NFIP; however, the
responsibility for 50
qualifying in the NFIP belongs to any interested political subdivision.
51
C.
The Executive Director of the Commission will be responsible for
monitoring 52
implementation of the (TA)
floodplain management plan, and providing FEMA 53
with necessary programmatic
reporting information on such floodplain 54
management plans established
by the (TA). 55
D.
Provide to the (TA) all current forms, timetables, procedural rules and
any policy 56
documents of the Commission for addressing and processing complaints
related 57
to floodplain management of the State's floodplains. 58
E. Coordinate with the
(TA) those compliance and enforcement issues that FEMA 59
may raise relative to floodplain management of the State's floodplains. 60
F. Provide the (TA) with
access to the Commission's electronic database for all 61
current 62
pertaining to designated
floodplains. 63
G. Develop and maintain
state guidance for State agency structures and activities in 64
the floodplains of the State.
65
II.
(TEXAS AGENCY)
AGREES TO: 66
A.
Seek compliance with the Federal Emergency Management Agency's minimum 67
floodplain management
standards in the location and construction of its State- 68
owned facilities within
identified floodplains. 69
B.
Evaluate flood hazards when planning the modification to existing or the
location 70
of new facilities and, as far as practicable, consider the economic, safe
and 71
prudent use of floodplains in
connection with such facilities when State 72
appropriations request for
construction or modification of buildings, roads, or 73
other facilities is
transmitted to the Legislative Budget Board and the Governor's 74
Budget and Planning Office. 75
C.
Consider the economic, safe, and prudent use of floodplains in the
administration 76
of State grant or loan programs involving the construction of buildings, 77
structures, roads, or other
facilities; and evaluate flood hazards in connection 78
with such facilities in order
to minimize the exposure of the above facilities and 79
upstream and downstream
properties to potential flood damage and the need for 80
future State expenditures for
flood protection and flood disaster relief. 81
D.
Evaluate flood hazards in connection with lands or properties proposed
for sale to 82
other public entities or private interests and shall, to the extent
permitted by State 83
law, attach appropriate
restrictions with respect to uses of the lands or properties 84
for sale.
In carrying out this paragraph, the (TA) may make appropriate 85
allowance for any estimated
loss in sales price resulting from the incorporation of 86
use restrictions in the sale
documents. 87
E.
Take flood hazards into account when evaluating plans, projects, and
requests for 88
loans or grants for programs which affect land use planning, including
State 89
permit programs, and shall
encourage land use appropriate to the degree of 90
hazard involved. 91
F.
Prepare, maintain, and update an inventory of the (TA)'s respective
State-owned 92
structures and their contents which are located in identified 100-year
floodplains. 93
The inventory shall include
the replacement costs and/or estimated fair market 94
value of each structure and
its contents. 95
G.
From the effective date of this MOU, maintain a permanent record system
which 96
shows the date, location, and amount of flood losses to (TA)'s
State-owned 97
properties and structures. 98
H.
In the event of future flood damage to existing State-owned structures,
evaluate 99
the economic benefits of
incorporated flood mitigation measures into the 100
rehabilitation of the
structure such that FEMA's minimum floodplain 101
management standards are met.
Where physically possible, economically 102
beneficial, and
environmentally feasible, federal disaster relief loans or grants 103
received by the State will be
used to implement mitigation measures to reduce 104
the potential for future flood
damage. 105
106
existing facility is located all necessary information and data for the
community 107
to document the project and to
update FEMA on flood map changes that may be 108
applicable.
The (TA) will work with the community to resolve any floodplain 109
management issues. 110
J. Provide the
Executive Director of the Commission with documentation (rules, 111
policies, guidance, etc.) for development, supervision, and monitoring of
112
floodplain management plans for projects in the floodplains of the State. 113
K. Provide to the
Executive Director of the Commission information about 114
modification to existing and
new facilities in the floodplains of the State required 115
for the annual evaluation of
the State's Implementation of a State Floodplain 116
Management Plan. 117
III.
BOTH PARTIES AGREE TO: 118
A. Work together to
refine the existing process for screening and 119
prioritization of project proposals located in the floodplains of the
State. 120
B. Coordinate efforts in
the development and submission of reports as requested by FEMA
to demonstrate compliance with the minimum NFIP regulations. 121
C.
Communicate and coordinate directly with each other and FEMA on matters 122
relating to program/project
planning and implementation of (TA) 123
activities/projects in the
floodplains of the State. 124
D. Meet semi-annually to
review and discuss the State's floodplain management 125
program. 126
E. Work together to
develop criteria for the development of floodplain management
127
programs, that satisfy the
state floodplain management standards as established 128
by the Commission. 129
F. Comply with all
relevant state and federal statutes in addition to this MOU as it 130
relates to the management of floodplains in the State. 131
IV.
GENERAL CONDITIONS: 132
A.
Term of Understanding 133
The term of this MOU shall be
from the effective date until termination of this 134
agreement, as hereinafter
provided. 135
B.
Notice of Termination 136
Any party may terminate this MOU upon a 30 day written notice to the
other 137
party.
Both parties agree to fulfill any grant commitments in place at the time
of 138
termination.
Only upon written concurrence of both parties can this MOU be 139
modified. 140
C.
Cooperation of Parties 141
It is the intention of the parties that the details of providing the
services in 142
support of this MOU shall be worked out, in good faith, by both parties. 143
D. Nondiscrimination 144
Activities conducted under
this MOU will be in compliance with the 145
nondiscrimination provisions
as contained in Titles VI and VII of the Civil 146
Rights Act of 1964, as
amended, the Civil Rights Restoration Act of 1987, and 147
other nondiscrimination
statutes, namely Section 504 of the Rehabilitation Act of 148
1973, Title IX of the
Education Amendments of 1972, the Age Discrimination 149 |
